Page No.# 1/3 GAHC010244332024 2025:GAU-AS:3524 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : AB/3040/2024 ABDUL MOTALEB @ MOTALEB ALI S/O GOLBAHAR SK. VILL- KODOMTOLI P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR, ASSAM PIN-783128 (SINCE PETITIONER IS MINOR AND IS REPRESENTED BY HIS FATHER) GOLBAHAR SK. AGED ABOUT 48 YEARS, S/O JOLIL SK VILL- KODOMTOLI P.S. SUKCHAR, DIST. SOUTH SALMARA MANKACHAR, ASSAM VERSUS THE STATE OF ASSAM AND ANR. REP BY THE PP, ASSAM 2:CHELEKA BEGUM W/O HASSEN ALI VILL- CHOTO KAZIRGAON P.S. SUKCHAR DIST. SOUTH SALMARA MANKACHAR ASSAM PIN-78312 Advocate for the Petitioner : MR. A Z AHMED, Advocate for the Respondent : PP, ASSAM, MR SARFRAZ NAWAZ, AMICUS CURIAE,(R-2) Page No.# 2/3 BEFORE HON’BLE MR. JUSTICE MANASH RANJAN PATHAK 26/03/2025 Heard Mr. A Z Ahmed, learned counsel for the petitioner and Mr. B Sarma, learned Additional Public Prosecutor, Assam for the State opposite party No. 1. Also heard Mr. S Nawaz, learned Amicus Curiae for the informant/ opposite party No. 2. 2. The petitioner, namely, Abdul Motaleb @ Motaleb Ali, son of Golbahar Sk, resident of Village-Kodomtoli, P.S. Sukchar, District-South Salmara-Mankachar, has filed this application on 18.11.2024 under Section 482 BNSS, 2023 seeking pre-arrest bail apprehending his arrest in Sukchar P.S. Case No. 72/2024 registered under Sections 140(3)/61(2)/351 BNS, 2023 with added Section 65(1) BNS read with Section 6(1) of the POCSO Act, 2012 corresponding to G.R. No. 461/2024. 3. As per the FIR dated 02.11.2024 lodged before the Officer-in-Charge of Sukchar Police Station by the complainant, the case is that the FIR named accused persons of the case in the morning around 7:00 on 31.10.2024 with the help of the accused No. 2 took away her minor daughter aged about 14 years 6 months by inducing her and took her in a car to an unknown place and confined her there. When the complainant went to the house of the accused person to enquire about her minor daughter, she was threatened by the family members of the accused persons of the dire consequences. Accordingly, said FIR of the complainant was registered as Sukchar P.S. Case No. 72/2024 under Sections 140(3)/61(2)/351 BNS, 2023 with added Section 65(1) BNS read with Section 6(1) of POCSO Act, 2012 corresponding to G.R. No. 461/2024. 4. Perused the case diary placed before the Court today by Mr. Sarma, learned Additional Public Prosecutor, Assam. 5. It is seen from the case diary that during investigation, police seized the birth certificate of the victim girl indicating her date of birth as 06.02.2010. As such, on the date of the incident, i.e., on 31.10.2024, the victim girl was 14 years 8 months and 25 days old. Therefore, the Investigating Officer of the case on 06.11.2024 filed an application before the learned Chief Judicial Magistrate, South Salmara-Mankachar to add Section 65(1) of the BNS read with Section 6(1) of POCSO Act in said Sukchar P.S. Case No. 72/2024 already registered under Sections 140(3)/61(2)/351 BNS, 2023. After due verification and on being satisfied, the learned Judicial Magistrate, First Class, South Page No.# 3/3 Salmara-Mankachar by order dated 06.11.2024 passed in said Sukchar P.S. Case No. 72/2024 added Section 65(1) of the BNS read with Section 6(1) of POCSO Act clarifying that said Sukchar P.S. Case No. 72/2024 shall be read as under Sections 140(3)/61(2)/351/65(1) BNS read with Section 6(1) of the POCSO Act. 6. As per the statutory provision of Section 482(4) of the BNSS, 2023, anticipatory/pre-arrest bail application apprehending arrest is not maintainable pertaining to offence committed under Sections 65 and 70(2) of the BNS, 2023. 7. In the case hand, the petitioner is seeking pre-arrest bail in Sukchar P.S. Case No. 72/2024 that is registered under Sections 140(3)/61(2)/351/65(1) BNS read with Section 6(1) of the POCSO Act containing Section 65 of the BNS. Therefore, this pre-arrest bail application of the petitioner in said Sukchar P.S. Case No. 72/2024, being not maintainable under the law, stands dismissed. 8. Return the case diary. JUDGE Comparing Assistant